Cases where attendance or voting in meeting is restricted - NEPAL MONETARY SOLUTIONS (NMS)

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Friday, April 4, 2014

Cases where attendance or voting in meeting is restricted

Cases where attendance or voting in meeting is restricted

(1) No person shall be entitled to attend and vote in any general meeting, in the capacity of a shareholder, either in person or by proxy on any discussion to be held in respect of any terms and conditions entered into or to be entered into between him/herself and the company.

(2) No director or his/her partner or his/her proxy shall be entitled to vote on any discussion to be held at any General Meeting in respect of the responsibility for any act done or omitted to be done or done wrongfully by him/her or in respect of his/her own appointment, dismissal, transfer or confirmation, with respect to the provision of , or reduction or increment in remuneration, allowance or bonus or in respect of any agreement, contract or arrangement regarding his employment or anything in which his interest or concern is involved.

(3) Any shareholder who has not paid calls on the shares shall not be entitled to attend and vote in the general meeting.

(4) Where any shareholder appoints a director of the concerned company as his proxy pursuant to Sub-section(2) of Section 71, such director shall not be entitled to vote in the general meeting ,as a proxy of anyone , on any matter in which his/her interest or concern is involved or on the matter of his/her appointment.

(5) Notwithstanding anything contained in this Act or the prevailing law, where a bank or financial institution incorporated under the prevailing law, which institutes legal action against a shareholder, who has borrowed a loan from such bank or financial institution against the pledge or security of the shares held by him, for his default in repaying the loan, writes to the concerned company to prevent him from exercising voting right in respect of shares, then the company shall prevent such shareholder from exercising voting right in respect of the shares held by him/her for a period until he/she repays the loan.

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